New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Domicile

  • 25 May 2018

    MADERA v LANTANO [2018] NZHC 1192

    Citation
    [2018] NZHC 1192
    Court
    High Court

    The evidence satisfied the statutory requirements for acquisition of a New Zealand domicile under s9 of the Domicile Act 1976 (birth and previous Philippines domicile, presence in New Zealand, capacity for independent domicile, and intention to live indefinitely in New Zealand); accordingly, by consent the court declared the deceased's domicile at death to be New Zealand and granted consequential administration arrangements with costs to be charged to the estate.

  • 21 Dec 2012

    O'TOOLE V O'TOOLE HC HAM CIV-2010-419-1676

    Citation
    openlaw-5043cd2a_532e_4e8d_9731_32ce629d0c8d.pdf
    Court
    High Court

    The Court held the testator was domiciled outside New Zealand at death and therefore the High Court lacked jurisdiction under the Family Protection Act; consequentially the claim was dismissed and costs were apportioned: the First Plaintiff's costs up to 1 September 2011 are payable from the estate on a 2B basis, the First Plaintiff bears her own costs thereafter, the Second Plaintiff (Official Assignee) bears its own costs, and the Defendants' and Beneficiaries' costs and disbursements are to be met from the estate if required.